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CHIEF DR. IRENE THOMAS & ORS. V. THE MOST REVEREND TIMOTHY OMOTAYO OLUFOSOYE

(1986) JELR 45283 (SC)

Supreme Court  •  SC.245/1985  •  14 Feb 1986  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Appearances
Mr. H. A. Lardner, S.A.N. - For the Appellants with him Miss M. I. Igbokwe. For Appellant Mr. G.O.K. Ajayi, S.A.N. - for the Respondent with him Mr. S.A. Faboro, Mr. C.G.O. Babatola, Mr. T. B. Akinyeye and Adeola Makinde (Miss). For Respondent

Judgement
<p><strong>OBASEKI, JSC (Delivering the Leading Judgment):</strong> On the 18th day of December, 1985, this appeal came up for hearing before this Court orally. After hearing the arguments and submissions of learned counsel for the appellants and learned counsel for the respondent, I came to the decision that there was no merit in the appeal and I accordingly dismissed it and adjourned the delivery of my reasons for the judgment till today. </p><p> The sole issue for determination in this matter which fell within a very narrow compass was whether on the pleadings filed by the appellants who were plaintiffs in the action filed in the High Court of Lagos State, Lagos, the locus standi of the plaintiffs to institute the action was disclosed. This issue is of great legal importance as the existence or non-existence of the locus standi of any person suing determines whether or not the plaintiffs will be allowed to continue the litigation and be given a hearing. He can only invoke the judicial powers of the court if …</p>

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